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MATTER OF ELLERS

309 A.D.2d 1055 (2003)

765 N.Y.S.2d 910

In the Matter of the Estate of RUSSELL ELLERS, Deceased. L. MICHAEL MACKEY, as Administrator of the Estate of RUSSELL ELLERS, Deceased, Petitioner; DAVID ELLERS, Appellant, and DAWNE ELLERS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 23, 2003.

Kane, J.

Respondent David Ellers (hereinafter the father) and respondent Dawne Ellers (hereinafter the mother) were the divorced parents of two children. From their 1992 separation until March 3, 2000, they shared joint legal and physical custody of their children, Russell and Lance. On that date, the mother obtained a temporary order of protection prohibiting the father from having any contact with the children; this was later amended to allow contact only if initiated...

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